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OREGON STATE MARINE BOARD

 

DIVISION 26

SALVAGED VESSEL SUBACCOUNT

250-026-0005

Purpose of Rules

(1) The Oregon State Marine Board (Board) will establish and maintain a Salvaged Vessel Subaccount. Funds from this account will reimburse enforcement agencies for expenses related to the removal of abandoned and derelict vessels.

(2) The Board will provide vessel turn-in program grants to assist in the disposal of vessels at risk of abandonment on the waters of this state.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

250-026-0010

Responsibility for Removal of Abandoned or Derelict Vessels

(1) The enforcement agency that has jurisdictional responsibility for the submerged or submersible land or water on which an abandoned vessel or a derelict vessel is located will take responsibility for its removal and disposal.

(2) The Board may enter into cooperative agreements to directly procure vessel salvage and removal services from contractors.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

250-026-0015

Identification of Owners

(1) The enforcement agency must contact the Board to verify the ownership record of an abandoned or derelict vessel.

(2) If the vessel is a boat, an enforcement agency must provide the Board with:

(a) A description of the boat;

(b) The registration numbers and decal information affixed to the bow of the boat, if present;

(c) The documentation number if the boat is a documented vessel; and

(d) A hull identification number (HIN).

(3) If the vessel is a floating home, boathouse or other floating structure that is normally secured to a pier or pilings the enforcement agency must provide the identifying license plate number.

(4) The Board will attempt to verify ownership through registration documentation.

(5) The Board will search the Law Enforcement Database System (LEDS) to determine if the vessel has been reported stolen.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

250-026-0020

Notification of Vessel Seizure

(1) Enforcement agencies that intend to seize an abandoned or derelict vessel under the authority of ORS 830.911 must provide the Board with a copy of the “pre-seizure notice” on the same date it’s sent to the owner.

(2) Enforcement agencies that immediately seize an abandoned or derelict vessel that presents a hazard to navigation or an imminent threat to public health or safety under the authority of ORS 830.923 must provide the Board with a copy of the “post-seizure notice” within seven days of the seizure.

(3) The Board may request additional information from the enforcement agency, i.e., location coordinates, photographs of the vessel, incident or other law enforcement reports.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

250-026-0025

Availability of Funds

(1) Enforcement agencies are encouraged to verify the availability of funds in the Salvaged Vessel Subaccount prior to incurring salvage, towing, storage and disposal expenses.

(2) The Board will retain up to 20 percent of the Salvaged Vessel Subaccount until the beginning of the third quarter of the final year of each biennium; at which time, the funds could be disbursed.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

250-026-0030

Expense Documentation

(1) The Board requires receipt of expense documentation from enforcement agencies prior to the release of funds from the Salvaged Vessel Subaccount:

(a) Pre-seizure: a written estimate of the salvage, towing, storage and disposal costs. This estimate must itemize expenses and include a description of how the salvage, towing, storage and disposal will be accomplished.

(b) Post-seizure: itemized expenses incurred by the enforcement agency by reason of the seizure, and the amount of those costs that have accrued as of the date of the post-seizure notice. The enforcement agency must also submit a complete estimate of remaining storage and disposal costs, and a description of how the storage and disposal will be accomplished.

(2) Expense documentation must be in writing and submitted by email or fax within ten days of seizure action.

(3) The Board will review documentation of incurred expenses and cost estimates to confirm eligibility and to ensure match requirements are met.

(4) The Board will prepare an Intergovernmental Project Agreement for signature by the parties prior to the reimbursement of eligible expenses.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

250-026-0035

Vessels Eligible for Reimbursement

(1) Enforcement agencies are eligible for reimbursement from the Salvaged Vessel Subaccount for:

(a) Abandoned or derelict vessels that are seized under ORS 830.908 to 830.944 and are on the waters of this state; and

(b) Vessels surrendered by owners as part of a Board approved vessel turn-in program.

(2) Enforcement agencies may be eligible for reimbursement from the Salvaged Vessel Subaccount for vessels surrendered by owners independent of a Board approved vessel turn-in program.

(3) Enforcement agencies are not eligible for reimbursement from the Salvaged Vessel Subaccount for :

(a) Vessels that are abandoned on public or private land;

(b) Vessels which have been reported stolen; and

(c) Boats which are 200 gross tons or more.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

250-026-0040

Match Requirements

(1) An enforcement agency must contribute a minimum of 10 percent of the total cost of salvage, towing, storage and disposal of an abandoned vessel or a derelict vessel that is or has been registered with the Board or is in the determination of the Board a recreational vessel.

(2) An enforcement agency must contribute a minimum of 25 percent of the total cost of salvage, towing, storage and disposal of an abandoned vessel or a derelict vessel that has never been registered with the Board and is or was a commercial vessel.

(3) Match may be cash or "in-kind" materials or services, i.e., use of enforcement agency equipment for towing and salvage, property for storage, enforcement agency staff time for investigation, identification of owners, contact with owners, preparation of pre and post seizure notices, hearings, and correspondence and coordination with the Board and other agencies.

(4) Matching funds may be provided by the enforcement agency or as part of a cooperative project with another enforcement agency.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

250-026-0045

Eligible Expenses and Match

(1) An enforcement agency is eligible to receive reimbursements for expenses directly related to the salvage, towing, storage and disposal of an abandoned or derelict vessel. These expenses include but are not limited to:

(a) Salvaging a sunken vessel;

(b) Towing a vessel;

(c) Storing a vessel for no more time than is required by ORS 830.908-944;

(d) Dismantling a vessel;

(e) Disposing of the vessel waste.

(2) The following types of expenses are not eligible for reimbursement and cannot be used for the matching funds requirements:

(a) Indirect costs such as overhead and administration not specifically related to vessel removal and disposal;

(b) Expenses related to tort claims or compensatory damages filed by third parties for lost or damaged personal or real property;

(c) Expenses for damages incurred to property belonging to an enforcement agency;

(d) Expenses for new equipment or machinery purchased by an enforcement agency to complete a removal or cleanup.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

250-026-0050

Use of Contractors

Enforcement agencies must follow all applicable local and state laws, ordinances, and rules with respect to contracting for services.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

250-026-0055

Vessel Turn-in Program Grants

(1) Grants are available to public agencies to sponsor a vessel turn-in program. These programs will allow owners to surrender vessels at risk of becoming abandoned or derelict before the vessels damage the environment or become a hazard to navigation.

(2) Recreational vessels, acknowledged by the Board, in danger of becoming abandoned or derelict are eligible for removal through a vessel turn-in grant. The owner of the vessel must:

(a) Surrender the vessel by signing a release of interest on the certificate of title;

(b) Provide the title to the public agency; or

(c) If the title is lost, sign an alternative release of interest document as approved by the Board.

(3) Any public agency may submit a proposal to the Board for a vessel turn-in grant to be funded in part from the Salvaged Vessel Subaccount. Proposals must be submitted in writing by mail, email, or fax.

(4) The proposal for a vessel turn-in program grant must include a description of:

(a) How the turn-in program will be advertised or how boats will be identified for surrender;

(b) The dates and times for any turn-in events;

(c) The location of any turn-in events;

(d) The criteria used by the public agency to determine if a vessel was in danger of being an abandoned vessel or a derelict vessel and was likely to cause damage to the environment or become a hazard to navigation;

(e) A description of how surrendered boats will be removed and disposed of;

(f) An estimate of the number of boats that will be surrendered;

(g) An itemized list of expenses associated with the turn-in program;

(h) The total amount of funds requested; and

(i) Any cash or in-kind match to be provided by the public agency.

(5) The Board will review the proposed vessel turn-in program. Grant decisions will be based upon criteria outlined in 250-026-0055(4)(a)–(i), as well as, funds available in the Salvaged Vessel Subaccount. The Board will provide its decision in writing.

(6) If the Board approves the vessel turn-in program grant, the Board will prepare an Intergovernmental Project Agreement for signature by the parties prior to the grant award.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

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